https://www.taxtmi.com/caselaws?id=437103 Rule 3(5A) of the Cenvat Credit Rules, 2004 distinguishes between removal of used capital goods in working condition and clearance of capital goods as waste and scrap. Where damaged capital goods are cleared as waste and scrap, the amount payable is the duty leviable on transaction value, not reversal of Cenvat credit. On the admitted facts, the goods had been used for years, were found unusable, and were cleared as scrap. Payment on transaction value was therefore sufficient, and the demand for credit reversal was not sustainable. en-us Thu, 13 Apr 2023 00:00:00 +0530 Thu, 27 Apr 2023 22:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=437103 Rule 3(5A) of the Cenvat Credit Rules, 2004 distinguishes between removal of used capital goods in working condition and clearance of capital goods as waste and scrap. Where damaged capital goods are cleared as waste and scrap, the amount payable is the duty leviable on transaction value, not reversal of Cenvat credit. On the admitted facts, the goods had been used for years, were found unusable, and were cleared as scrap. Payment on transaction value was therefore sufficient, and the demand for credit reversal was not sustainable. Case-Laws Central Excise Thu, 13 Apr 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=437103